Annual Report of Trafficking in Human Beings in Ireland for 2012 Anti-Human Trafficking Unit Department of Justice and Equality
Table of contents Foreword 2 Glossary of terms 4 Overview of contents List of tables 6 Section 1 Methodology 7 Section 2 Overview of persons reported to An Garda Síochána 9 Section 3 Overview of persons encountered or referred to NGOs 18 Section 4 Criminal justice response to human trafficking 27 Appendix 1 Breakdown by age of persons reported to An Garda Síochána in 2012 34 Appendix 2 Breakdown by reporting organisations of persons encountered or referred to NGOs in 2012 37 Appendix 3 Breakdown by type of of status of investigations 41 1
Foreword The Annual Report of Trafficking in Human Beings in Ireland for 2012, which covers the period between January and December 2012, is the fourth such annual report to be produced by the Anti-Human Trafficking Unit (AHTU) of the Department of Justice and Equality. The 2012 Report includes information concerning alleged victims of human trafficking reported to An Garda Síochána and NGOs in addition to information regarding the criminal justice response to human trafficking. This information is disaggregated in the appendices to the report in terms of minors and adults and reporting organisations. Of particular note in the 2012 Report is the increase in the number of minors (23) who were reported as victims of human trafficking for the purposes of sexual, the significant majority of whom (19) were Irish. None of the 19 Irish minors reported as being victims of human trafficking for the purposes of sexual in 2012 were reported as having being exploited in the context of prostitution. While being victims of sexual, these children suffered sexual offences relating to child pornography, sexual assault and sexual indecency, rather than what might be termed commercial sexual such as through prostitution. This highlights the fact that the criminal offence of human trafficking for the purposes of sexual covers a very broad range of exploitative activities and practices 1, 2 (See footnotes for links to the relevant legislation). Offences relating to child pornography, for example, may often contain the elements of human trafficking such as recruitment and sexual that will bring such actions within the legal definition of human trafficking. In relation to the 4 other minors reported as victims of trafficking for the purposes of sexual, 2 of these cases are of the same nature as outlined above; the remaining 2 cases, which remain under investigation, concern allegations of sexual involving prostitution. The overall number of adults who were reported as being victims of human trafficking for the purposes of sexual in 2012 was 16. All of these adults were female and reported as being victims of sexual in prostitution. No convictions under human trafficking legislation were recorded in respect of any of these cases in 2012, though in a number of cases, investigations are ongoing. As in previous years the number of persons reported as being victims of human trafficking for the purposes of labour, 6 in 2012, is significantly lower than reports in respect of sexual. All of the persons reported in this category in 2012 were adults with 4 being female and 2 being male. The prevention and detection of trafficking in human beings was a stated priority of An Garda Síochána in 2012. Allegations of trafficking in human beings made in applications for refugee status and in applications for other immigration permissions were reported to An Garda Síochána and investigated for human trafficking offences. 1 Criminal Law (Human Trafficking) Act, 2008 2 Child Trafficking and Pornography Act, 1998 2
Allegations of human trafficking in relation to participation in criminal activities were also investigated by An Garda Síochána. Where there was no or insufficient evidence of a human trafficking offence investigations were closed. It is also evident that figures for 2012 show a further reduction in the number of reported cases of human trafficking compared to previous years. An examination of data between 2009 and 2012 reveals that the number of persons from outside of the EU has been declining on a yearly basis. Given the limitations of the available data on human trafficking it is difficult to say to what extent this decline is associated with more general Irish migration trends or some other phenomenon. Further research is needed in this regard. Finally, as noted in previous Annual Reports, it is important to recognise that due to the clandestine nature of human trafficking and its overlap with other illegal activities such as those related to prostitution and various forms of exploitative labour practices, estimating the prevalence of this crime is highly problematic. Bearing this in mind, the 2012 Report should be understood as providing a more comprehensive understanding of the information currently available regarding trafficking in human beings as provided by Governmental and Non-Governmental sources, rather than an estimate of the precise nature and extent of the phenomenon in Ireland. For further information regarding trafficking in human beings please visit Ireland s dedicated anti-human trafficking website at http://www.blueblindfold.gov.ie 3
Glossary of terms Administrative Immigration Arrangements for the Protection of Victims of Trafficking (hereinafter: Administrative Immigration Arrangements). The Administrative Immigration Arrangements set out the protections from removal, such as a 60 day period of recovery and reflection and renewable 6 month temporary residence permission in addition to other protections, available to suspected victims of human trafficking who have no legal permission to be present in the State. They were established in June 2008 to coincide with the commencement of the Criminal Law (Human Trafficking) Act 2008 and were updated and republished in July 2010 and March 2011. The Administrative Immigration Arrangements will be given legislative effect in the Immigration, Residence and Protection Bill. For a copy of the Administrative Immigration Arrangements please visit Ireland s dedicated anti-human trafficking website at http://www.blueblindfold.gov.ie. Ireland: for the purposes of this report Ireland refers to the Republic Ireland. Minor is defined in Irish law as a person of less than 18 years. Uncategorised is referred to in Section 2 and Appendix 1 of this report. In the cases in point, uncategorised signifies that while at the outset of the investigation there were general suspicions that these persons could be victims of human trafficking there were no firm indications as to the precise nature of the trafficking involved. Overview of contents This report has been divided into 4 sections with additional information provided in the 3 appendices. Section 1 sets out the methodology used to compile the report. Section 2 provides information concerning alleged victims of trafficking in human beings reported to An Garda Síochána in 2012. Information contained in Section 2 includes the total number of persons reported in addition to the gender, age, region of origin and immigration status of these persons. All of the aforementioned information is disaggregated according to the type of reported, thereby enabling the reader to gain a greater understanding of the occurrence of human trafficking as reported to An Garda Síochána in 2012. Please note that Section 2 of the report refers to individual alleged victims and not investigations. For information concerning the investigations please refer to Section 4 of the report. Section 3 provides information concerning those persons encountered by or referred to different International Organisations (IOs) and NGOs for whom these organisations believed indications of trafficking were present. IOs and NGOs that provided information to the AHTU in 2012 included, the International Organisation for Migration, the Migrant Rights Centre of Ireland (MRCI), Doras Luimni and Ruhama. Section 3 also provides information in regard to the number of persons referred to An Garda Síochána. In some instances such persons were referred directly by IOs and NGOs to An Garda Síochána while in others, persons had already been referred to An Garda Síochána prior to coming into contact with these organisations. Information detailed in Section 3 includes the number of persons reported to the AHTU by the 4 4
organisations in addition to information regarding the gender, age, region of origin and immigration status of these persons. All of the aforementioned information is disaggregated according to the type of reported. Section 4 provides information concerning the various aspects of the criminal justice response to trafficking in human beings. Information contained in this section includes the end of year status of human trafficking investigations, prosecutions taken against alleged traffickers, convictions secured in relation to trafficking related offences, international cooperation against human trafficking and applications for European Arrest Warrants. Please note that Section 4 refers to various aspects of the criminal justice response to human trafficking and not to individual alleged victims. For information on individual alleged victims please refer to Section 2 of the report. Appendix 1 contains the same information as provided in Section 2 with this data further disaggregated according to whether the alleged victim was an adult or a minor. Appendix 2 contains the same information as provided in Section 3 with this data further disaggregated according to the reporting organisation. Appendix 3 contains information provided in Section 4 in regard to the status of trafficking related investigations with this data further disaggregated according to the type of that was alleged. 5
List of tables Section 2 Overview of persons reported to An Garda Síochána Table 2.1: Total number of reported victims 9 Table 2.2: Gender 10 Table 2.3: Age 11 Table 2.4: Region of origin (All types) 12 Table 2.4a: Region of origin (Sexual ) 13 Table 2.4b: Region of origin (Labour and uncategorised ) 14 Table 2.5: Immigration status (All types) 15 Table 2.5a Immigration status (Sexual and labour ) 16 Table 2.5b: Immigration status (Uncategorised ) 17 Section 3 Overview of persons encountered or referred to NGOs Table 3.1: Total number encountered or referred 18 Table 3.2: Referrals to An Garda Síochána 19 Table 3.3: Gender 20 Table 3.4: Age 21 Table 3.5: Region of origin (All types) 22 Table 3.5a: Region of origin (Sexual ) 23 Table 3.5b: Region of origin (Labour and multiple s) 24 Table 3.6: Immigration status (All types) 25 Table 3.6a: Immigration status (Sexual, labour and multiple types) 26 Section 4 Criminal justice response to human trafficking Table 4.1: Status of investigations (All types) 27 Table 4.2: Prosecutions 28 Table 4.2a: Prosecutions (continued) 29 Table 4.3: Convictions 31 Table 4.5: European Arrest Warrants 33 Appendix 1 Breakdown by age of persons reported to An Garda Síochána in 2012 Table Appendix 1a: Gender 34 Table Appendix 1b: Region of origin 35 Table Appendix 1c: Immigration status 36 Appendix 2 Breakdown by reporting organisations of persons encountered or referred to NGOs in 2012 Table Appendix 2a: Gender 37 Table Appendix 2b: Age 38 Table Appendix 2c: Region of origin 39 Table Appendix 2d: Immigration status 40 Appendix 3 Breakdown by type of of status of investigations Table Appendix 3a: Investigations status 41 6
Section 1 Methodology Background On 1 January 2009, the AHTU initiated a data collection strategy for the purposes of gaining a more informed view of the nature and extent of trafficking in human beings in Ireland. The strategy functions by collecting depersonalised information in a standardised format from a range of Governmental, International (IOs) and Non- Governmental Organisations (NGOs) and then collating and analysing this data centrally in the AHTU. The AHTU also provides data on human trafficking to Eurostat for the purposes of compiling statistics at the EU level on human trafficking. The information collection process Depersonalised information was collected from a number of sources. An Garda Síochána provided standardised information concerning the demographic characteristics of any alleged victims of human trafficking reported to them, in addition to information concerning the criminal justice response to trafficking in human beings. IOs and NGOs which furnished reports to the AHTU are the International Organisation for Migration, the Migrant Rights Centre of Ireland (MRCI), Doras Luimni and Ruhama. These organisations provided information, via a standardised data collection template developed by the AHTU. Information regarding European Arrest Warrants was provided by the Mutual Assistance & Extradition Unit of Department of Justice and Equality. 7
Data collation and analysis Depersonalised data provided by the various reporting organisations was emailed to the AHTU. Information not provided via standardised data collection templates was recoded in line with the AHTU s reporting format. All data were checked across a number of different variables to help ensure double counting was avoided with further checks with the reporting organisations conducted if necessary. Following recoding and quality control checks, information was entered into a data file and analysed using IBM SPSS Version 20 software. Interpreting figures provided by An Garda Síochána, IOs and NGOs On the basis of information provided by NGOs and IOs regarding the referral of alleged victims of human trafficking to An Garda Síochána (see section 3.2 page 19), it was evident that in the majority of instances, alleged victims of human trafficking encountered by/referred to IOs and NGOs were also reported to An Garda Síochána. This was further corroborated by trends apparent in both sets of figures. Given that the AHTU, in accordance with data protection legislation, does not seek to collect personal information such as names and dates of birth, it was not possible to match these two sets of figures on a case by case basis. As such, figures received from An Garda Síochána, as outlined in Section 2), IOs and NGOs, as outlined in Section 3, are presented separately and have not been merged. Readers should not therefore attempt to combine figures for alleged victims from An Garda Síochána and NGOs as this would result in double counting. Rounding percentages Please note that figures contained in this report have been rounded to the nearest whole number. Therefore, referenced figures are slightly different to actual values and may not always amount to exactly 100% when combined. 8
Section 2 Overview of persons reported to An Garda Síochána 3 2.1 Total number reported During 2012, 37 cases of alleged trafficking in human beings involving 48 alleged victims were reported to An Garda Síochána. These 48 persons were either encountered directly by An Garda Síochána or were referred by other organisations. Of the 48 (100%) persons, 39 (81%) were alleged victims of sexual, 6 (13%) were alleged victims of labour. Three (6%) persons were alleged victims of uncategorised. (See Glossary of terms for explanation of uncategorised ). Table 2.1: Total number of reported victims Human trafficking Sexual Number % 39 81 Labour 6 13 Uncategorised 3 6 Total 48 100 3 Refer to Appendix 1 for a breakdown of figures contained in Section 2 by age. 9
2.2 Gender 4 Of the 48 (100%) alleged victims of human trafficking reported to An Garda Síochána in 2012, 31 (65%) were female and 17 (35%) were male. When divided according to the type of reported, of the 39 persons who were alleged victims of sexual, 26 (67%) were female and 13 (33%) were male. Of the 6 alleged victims of labour, 4 (67%) were female and 2 (33%) were male. Of the 3 who were alleged victims of uncategorised, 1 (33%) was female and 2 (67%) were male. (See Glossary of terms for explanation of uncategorised ). Table 2.2: Gender All types Number % Female 31 65 Male 17 35 Total 48 100 Sexual Female 26 67 Male 13 33 Total 39 100 Labour Female 4 67 Male 2 33 Total 6 100 Uncategorised Female 1 33 Male 2 67 Total 3 100 4 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 10
2.3 Age 5 Of the 48 (100.0%) alleged victims of human trafficking reported to An Garda Síochána in 2012, 25 (52%) were adults and 23 (48%) were minors. When divided according to the type of reported, of the 39 persons who were alleged victims of sexual, 16 (41%) were adults and 23 (59%) were minors. Of the 6 alleged victims of labour, all (100%) were adults. Of the 3 persons who were alleged victims of uncategorised, all (100%) were adults. (See Glossary of terms for explanation of uncategorised ). Table 2.3: Age All types Number % Adult 25 52 Minor 23 48 Total 48 100 Sexual Adult 16 41 Minor 23 59 Total 39 100 Labour Adult 6 100 Minor 0 0 Total 6 100 Uncategorised Adult 3 100 Minor 0 0 Total 3 100 5 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 11
2.4 Region of origin (All types) 6 Of the 48 alleged victims of human trafficking reported to An Garda Síochána in 2012, the majority were from Europe. This group include 19 (40%) persons from Ireland 7, 10 (21%) persons from the EU 8 and 3 (6%) persons from a European country outside of the EU. The second largest group consisted of persons from Africa. This group included 8 (17%) persons from Western Africa and 2 (4%) from Southern Africa. Persons from Asia included 3 (6%) from South East Asia and 1 (2%) person from Southern Asia. Two (4%) persons were from Latin America. Table 2.4: Region of origin (All types) All types Number % Europe Ireland 19 40 EU 10 21 Europe Non-EU 3 6 Africa Western Africa 8 17 Southern Africa 2 4 Asia South East Asia 3 6 Southern Asia 1 2 Latin America Latin America 2 4 Total 48 100 6 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 7 Investigations into 11 sexual abuse/child pornography cases involving 19 Irish children disclosed constituent elements of a trafficking offence and potential offences contrary to section 3(2) of the Criminal Law (Human Trafficking) Act 2008 were included in the prosecutions going forward for trial. 8 Excluding Ireland. 12
2.4a Region of origin (Sexual ) 9 Of the 39 persons reported as alleged victims of sexual, the majority were from Europe. This group included 19 (49%) persons from Ireland 10 and 10 (26%) persons from the EU 11. The second largest were from Africa. This group included 7 (18%) persons from Western Africa and 1 (3%) person from Southern Africa. There were also 2 (5%) persons from Latin America. Table 2.4a: Region of origin (Sexual ) Sexual Number % Europe Ireland 19 49 EU 10 26 Africa Western Africa 7 18 Southern Africa 1 3 Latin America Latin America 2 5 Total 39 100 9 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 10 Investigations into 11 sexual abuse/ child pornography cases involving Irish children disclosed the constituent elements of a trafficking offence and potential offences contrary to section 3(2) of the Criminal Law (Human Trafficking) Act 2008 were included in the prosecutions going forward for trial. 11 Excluding Ireland 13
2.4b Region of origin (Labour and uncategorised ) 12 Of the 6 persons who were alleged victims of labour, 3 (50%) persons were from South-East Asia and 1 (17%) person was from Southern Asia, 1 (17%) person was from Western Africa and 1 (17%) person was from Southern Africa. Of the 3 persons who were alleged victims of uncategorised, all (100%) were from European countries outside the EU. (See Glossary of terms for explanation of uncategorised ). Table 2.4b: Region of origin (Labour and uncategorised ) Labour Asia South East Asia 3 50 Southern Asia 1 17 Africa Western Africa 1 17 Southern Africa 1 17 Total 6 100 Uncategorised Europe Europe Non-EU 3 100 Total 3 100 12 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 14
2.5 Immigration status 13&14 (All types) Of the 48 alleged victims of human trafficking reported to An Garda Síochána in 2012, 19 (40%) persons were Irish citizens, 9 (19%) persons were citizens of various EU Member States 15, 8 (17%) persons were asylum seekers, the immigration permission for 4 (8%) persons were under consideration and 3 (6%) persons were not resident in the State. Three (6%) persons were present in Ireland under international treaty rights and 2 (4%) persons were in the care of the HSE. Table 2.5: Immigration status (All types) All types Irish Citizen Number % 19 40 Citizen of an EU Member State* 9 19 Asylum Seeker 8 17 Immigration permission under consideration Not present in the State Present under international treaty rights 4 8 3 6 3 6 In the care of the HSE 2 4 Total 48 100 13 Please note that the reported immigration status reflects the status of persons at the time the information was provided to the AHTU and not when persons were reported to An Garda Síochána. 14 Please note that the percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 15 *Excluding Ireland. 15
2.5a Immigration status 16&17 (By sexual and labour ) Of the 39 persons reported as alleged victims of sexual in 2012, 19 (49%) persons were Irish citizens, 9 (23%) persons were citizens of EU Member States 18, and 7 (18%) persons were asylum seekers, immigration permission for 2 (5%) persons were under consideration and 2 (5%) persons were in the care of the HSE. Of the 6 persons reported as alleged victims of labour, 3 (50%) persons were present in Ireland under international treaty rights, immigration permission for 2 (33%) persons were under consideration and 1 (17%) was an asylum seeker. Table 2.5a Immigration status (Sexual and labour ) Sexual Number % Irish Citizen 19 49 Citizen of EU Member State 9 23 Asylum Seeker 7 18 Immigration Status under consideration In the care of the HSE 2 5 2 5 Total 39 100 Labour Present under international treaty rights Immigration Status under consideration 3 50 2 33 Asylum Seeker 1 17 Total 6 100 16 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 17 Please note that the reported immigration status reflects the status of persons at the time the information was provided to the AHTU and not when persons were reported to An Garda Síochána. 18 Excluding Ireland. 16
2.5b Immigration status 19&20 (Uncategorised Exploitation) The 3 (100%) persons who were alleged victims of uncategorised were not present in the State. Table 2.5b Immigration status (Uncategorised Exploitation) Uncategorised Not present in the State Number % 3 100 Total 3 100 19 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 20 Please note that the reported immigration status reflects the status of persons at the time the information was provided to the AHTU and not when persons were reported to An Garda Síochána. 17
Section 3 Overview of persons encountered or referred to NGOs 21 3.1 Total number reported 22 During 2012, the Anti-Human Trafficking Unit received reports from 3 NGOs and 1 international organisation in regard to 28 (100%) alleged victims of human trafficking. In some cases reporting organisations acted as first responders while in others they received referrals from State service providers, or from other organisations. Of persons reported, alleged victims of sexual were the largest group with 19 (68%) persons. Alleged victims of labour were the second largest group with 8 (29%) persons and 1 (4%) person was an alleged victim of both sexual and labour. Table 3.1: Total number encountered or referred Human trafficking Sexual Labour Labour and sexual Number % 19 68 8 29 1 4 Total 28 100 21 Refer to Appendix 2 for a breakdown by reporting organisation for figures in this section. 22 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 18
3.2 Referrals to An Garda Síochána by NGOs 23 Of the 28 (100.0%) persons encountered by or referred to NGOs in 2012, 19 (68%) were reported as having been referred to An Garda Síochána either prior to coming into contact with the NGOs or in some cases being referred by NGOs directly. In regard to the remaining persons, NGOs reported that 7 (28%) persons had not been referred as these persons did not wish to report the incident at that time. Two (7%) persons were to be referred in the near future. According to An Garda Síochána they received 5 referrals from NGOs of persons previously unknown to them. Table 3.2: Referrals to An Garda Síochána Referral status Number % Referred 19 69 Not referred 7 28 To be referred 2 7 Total 28 100 23 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 19
3.3 Gender 24 Of the 28 (100%) persons referred to or encountered by reporting organisations in 2012, 26 (93%) were female and 2 (7%) were male. When divided according to the type of experienced, of the 19 persons reported as having experienced sexual all (100%) were female. Of the 8 persons reported as having experienced labour, 6 (75%) were female and 2 (25%) were male. The person reported as having experienced both labour and sexual was female. Table 3.3: Gender Number % All types Female 26 93 Male 2 7 Total 28 100 Sexual Female 19 100 Male 0 0 Total 19 100 Labour Female 6 75 Male 2 25 Total 8 100 Labour and sexual Female 1 100 Male 0 0 Total 1 100 24 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 20
3.4 Age 25 Of the 28 (100%) persons referred to or encountered by reporting organisations in 2012, adults accounted for 27 (96%) of persons reported while 1 person (4%) was a minor. When divided according to the type of experienced, of the 19 persons reported as having experienced sexual all (100%) were adults. Of the 8 persons reported as having experienced labour, all (100%) were adults. The person reported as having experienced both labour and sexual was a minor. Table 3.4: Age All types Number % Adult 27 96 Minor 1 4 Total 28 100 Sexual Adult 19 100 Minor 0 0 Total 19 100 Labour Adult 8 100 Minor 0 0 Total 8 100 Labour and sex Adult 0 0 Minor 1 100 Total 1 100 25 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 21
3.5 Region of origin (All types) 26 Of the 28 (100%) persons referred to or encountered by reporting organisations in 2012, almost half were from Africa. This group consisted of 9 (32%) persons from Western Africa, 2 (7%) persons from Eastern Africa, 1 person (4%) from Central Africa and 1 person (4%) from Southern Africa. The second largest group consisted of 7 (25%) persons from the EU 27. Persons from Asia and Latin America were also referred to or encountered by reporting organisation during 2012. This included 3 (11%) persons from South East Asia, 3 (11%) persons from Southern Asia and 2 (7%) persons from Latin America. Table 3.5: Region of origin (All types) All types Number % Africa Western Africa 9 32 Eastern Africa 2 7 Central Africa 1 4 Southern Africa 1 4 Europe EU 7 25 Asia South East Asia 3 11 Southern Asia 3 11 Latin America Latin America 2 7 Total 28 100 26 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 27 Excluding Ireland. 22
3.5a Region of origin (Sexual ) 28 Of the 19 persons reported as having experienced sexual the largest group were persons from Africa. This group included 8 (42%) persons from Western Africa, 2 (11%) persons from Eastern Africa and 1 (5%) person from Central Africa. The second largest, though much smaller, group were persons from the EU which included 6 (32%) persons 29. Two (11%) persons were from Latin America. Table 3.5a: Region of origin (Sexual ) Sexual Number % Africa Western Africa 8 42 Eastern Africa 2 11 Central Africa 1 5 Europe EU 6 32 Latin America Latin America 2 11 Total 19 100 28 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 29 *Excluding Ireland. 23
3.5b Region of origin (Labour and multiple s) 30 Of the 8 persons reported as having experienced labour 3 (38%) persons were from South East Asia and 2 (25%) persons were from Southern Asia. Of those from Africa 1 (13%) person was from Western Africa and 1 (13%) was from Southern Africa. One (13%) person was reported as being from the EU 31. The person reported as having experienced both labour and sexual was from Southern Asia. Table 3.5b: Region of origin (Labour and multiple s) Labour Number % Asia South East Asia 3 38 Southern Asia 2 25 Africa Western Africa 1 13 Southern Africa 1 13 Europe EU 1 13 Total 8 100 Labour and sexual Southern Asia 1 100 Total 1 100 30 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 31 Excluding Ireland 24
3.6 Immigration status as reported by NGOs 32&33 (All types) Of the 28 (100%) persons referred to or encountered by reporting organisations in 2012, 11 (39%) persons were asylum seekers. Seven (25%) persons were from the EU 34. Others included 1 (4%) person who had refugee status, 1 (4%) person who returned home and 1 (4%) person who had a student visa. The immigration status of 3 (11%) persons was under consideration. No information was available for 4 (14%) persons. Table 3.6: Immigration status (All types) All types Number % Asylum seeker 11 39 EU 7 25 Refugee Status 1 4 Returned home 1 4 Student visa 1 4 Immigration status under consideration Information unavailable 3 11 4 14 Total 28 100 32 Please note that this information has not been checked against immigration records and therefore cannot be confirmed. 33 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 34 Excluding Ireland. 25
3.6a Immigration status as reported by NGOs 35&36 (Sexual, labour and multiple types) Of the 19 persons reported as having experienced sexual, 10 (53%) persons were asylum seekers, 6 (32%) persons were from the EU 37. One (5%) person had a student visa. One (5%) person had refugee status. No information was available for 1 (5%) person. Of the 8 persons reported as having experienced labour 1 (13%) was from the EU 38, the immigration status of 3 (38%) persons was under consideration and one (13%) person returned home. No information was available for 3 (38%) persons. The person reported as having experienced both labour was an asylum seeker. Table 3.6a: Immigration status (Sexual, labour and multiple types) Sexual Number % Asylum seeker 10 53 EU Citizen* 6 32 Student visa 1 5 Refugee Status 1 5 Information not available 1 5 Total 19 100 Labour EU Citizen 1 13 Returned home 1 13 Immigration status under consideration 3 38 Information not available 3 38 Total 8 100 Labour and sexual Asylum seeker 1 100 Total 1 100 35 Please note that this information has not been checked against immigration records and therefore cannot be confirmed. 36 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 37 Excluding Ireland 38 Excluding Ireland 26
Section 4 Criminal justice response to human trafficking 4.1 Status of investigations (All types) 39&40 In 2012, An Garda Síochána initiated 37 investigations relating to allegations of trafficking in human beings involving 48 alleged victims. Of these, 17 (46%) were ongoing investigations. Eleven (30%) cases involved prosecutions before the Courts. In 4 (11%) cases there was no or insufficient evidence of an offence of human trafficking having occurred in Ireland. In 2 (5%) cases investigations were ceased due to alleged victims not making a statement. In 1 (3%) case the investigation was ongoing into another offence. In 1 (3%) case the investigation file had been sent to the Director of Public Prosecution. In 1 (3%) case a conviction was secured under the Child Trafficking and Pornography Act, 1998. Table 4.1: Status of investigations (All types) Ongoing investigations Prosecutions (before the courts) No/insufficient evidence of human trafficking in Ireland Investigation ceased (no statement made) Ongoing investigation (other offences) Investigation files sent to the DPP Number % 17 46 11 30 4 11 2 5 1 3 1 3 Conviction 41 1 3 Total 37 100.0 39 Refer to Appendix 3 for a breakdown of investigation status by type of. 40 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 41 Child Trafficking and Pornography Act, 1998 Please note that this does not refer to the total number of convictions obtained during 2012. Other convictions obtained during the reporting pertain to investigations initiated prior to 2012 and are therefore not included in this table. See Section 4.3 for details of all convictions obtained during 2012. 27
4.2 Prosecutions before the courts at 31 December 2012 1. An Irish male is on bail awaiting trial for charges relating to the sexual of an Irish minor. Charges were brought under Section 3 Child Trafficking and Pornography Act, 1998 (as amended by Section 6 of the Criminal Law (Sexual Offences) (Amendment) Act, 2007 and as substituted by Section 3(2) of the Criminal Law (Human Trafficking) Act, 2008. A trial date has not yet been set for this case. 2. Charges were brought against an Irish male under Section 3 Child Trafficking and Pornography Act, 1998 (as amended by Section 6 of the Criminal Law (Sexual Offences) (Amendment) Act, 2007 and as substituted by Section 3(2) of the Criminal Law (Human Trafficking) Act, 2008 in relation to the sexual of an Irish minor. The accused pleaded guilty in June 2012 and was remanded in custody for sentencing in 2013. In addition to the prosecutions taken under the Child Trafficking and Pornography Act, 1998 and Criminal Law (Human Trafficking) Act, 2008, investigations into suspected trafficking offences led to prosecutions for other offences. 3. An investigation involving suspected child trafficking, smuggling, and social welfare fraud was initiated in 2012. There was insufficient evidence for trafficking charges and a charge was brought against an Irish male under the Criminal Justice (Theft and Fraud Offences) Act 2001. 4. A Chinese male was arrested following a human trafficking related investigation where it was believed that a large number of Chinese migrants were being brought into this State. The accused was charged with 1 count of conspiracy to organise or knowingly facilitate the entry into this State of persons whom he knew or had reasonable cause to believe to be illegal immigrants or people who intended to seek asylum. This charge is contrary to Common Law. The suspect in this case has been returned for trial. Table 4.2: Prosecutions Case Act Charges Accused 1 Section 3 Child Trafficking and Pornography Act, 1998 (as amended by section 6 of the Criminal Law (Sexual Offences (Amendment) Act 2007 and as substituted by Section 3(2) of the Criminal Law (Human Trafficking) Act 2008 2 Section 3 Child Trafficking and Pornography Act, 1998 3 Criminal Justice (Theft and Fraud Offences) Act 2001 Sexual of a minor. Sexual of a minor. Social Welfare fraud. 4 Common Law Conspiracy to facilitate illegal migration Irish male Irish male Irish male Chinese male 28
4.2.a In addition to aforementioned investigations into human trafficking offences in 2012, 11 investigations into sexual offences against 19 Irish minors were found to involve the constitutive elements of human trafficking 42 and prosecutions were subsequently taken under Section 3 of the Child Trafficking and Pornography Act 1998, as amended by Section 3(2) of the Criminal Law (Human Trafficking) Act 2008. The alleged of the victims involved child pornography, sexual offences-indecency and sexual assault. Table 4.2a: Prosecutions (continued) Case Act Charges Accused 5 Section 3 Child Trafficking and Pornography Act 6 Section 3 Child Trafficking and Pornography Act 1998 7 Section 3 Child Trafficking and Pornography Act 1998 8 Section 3 Child Trafficking and Pornography Act 1998 9 Section 3 Child Trafficking and Pornography Act 1998 10 Section 3 Child Trafficking and Pornography Act 1998 11 Section 3 Child Trafficking and Pornography Act 1998 12 Section 3 Child Trafficking and Pornography Act 1998 13 Section 3 Child Trafficking and Pornography Act 1998 14 Section 3 Child Trafficking and Pornography Act 1998 15 Section 3 Child Trafficking and Pornography Act 1998 Child Pornography. Charged under s.3 Irish male of CTP Act 1998 as amended by s. 3(2) of CH(HT) Act 2008 Sex offences Indecency. Charged Irish male under s.3 of CTP Act 1998 as amended by s. 3(2) of CH(HT) Act 2008 Sex offences Indecency. Charged Irish male under s.3 of CTP Act 1998 as amended by s. 3(2) of CH(HT) Act 2008 Sex offences Criminal law. Charged Irish male under s.3 of CTP Act 1998 as amended by s. 3(2) of CH(HT) Act 2008 Sex offences. Charged under s.3 of CTP Act 1998 as amended by s. 3(2) of CH(HT) Act 2008 Irish male Child Pornography. Charged under s.3 Irish male of CTP Act 1998 as amended by s. 3(2) of CH(HT) Act 2008 Sex offences. Charged under s.3 of CTP Act 1998 as amended by s. 3(2) of CH(HT) Act 2008 Irish male Child Pornography. Charged under s.3 Irish male of CTP Act 1998 as amended by s. 3(2) of CH(HT) Act 2008 Sex offences, Sexual assault. Charged Irish male under s.3 of CTP Act 1998 as amended by s. 3(2) of CH(HT) Act 2008 Sex offences. Charged under s.3 of CTP Act 1998 as amended by s. 3(2) of CH(HT) Act 2008 Sex offences. Charged under s.3 of CTP Act 1998 as amended by s. 3(2) of CH(HT) Act 2008 Irish male Irish male 42 The necessary constitutive elements for a child trafficking offence under the Criminal Law (Human Trafficking) Act 2008 involve an Act and a Purpose. The Act can be one of procuring, recruiting, transporting, harbouring, placing a child into the control of another person or receiving the child or providing the child with accommodation or employment for the Purpose of the sexual or labour of the child or for the removal of a body organ. See the Foreword for a link to the Criminal Law (Human Trafficking) Act 2008. 29
4.3 Convictions 1. An Irish female pleaded guilty to offences relating to the sexual assault and the sexual of an Irish minor in addition to the possession of child pornography. The charges preferred were contrary to Section 2 Criminal Law (Rape) (Amendment) Act, 1990, Section 3 Child Trafficking and Pornography Act, 1998 (as amended by Section 6 of the Criminal Law (Sexual Offences) (Amendment) Act, 2007 and as substituted by Section 3(2) of the Criminal Law (Human Trafficking) Act, 2008 and Section 5(1) Child Trafficking and Pornography Act, 1998. The accused was sentenced to 3 years imprisonment. 2. An Irish male was arrested for attempting to sexually exploit an Irish female in 2011. The accused was charged with one count of Section 3 Criminal Law (Human Trafficking) Act 2008 in addition to a number of other charges. He pleaded guilty to child trafficking for the purpose of sexual and was sentenced to 12 years imprisonment. 3. An Irish male was charged with one count of Section 3 Criminal Law (Human Trafficking) Act 2008 in addition to a number of other charges. In December 2012 the accused man was convicted and sentenced to 4 years imprisonment backdated to October 2011 when he originally went into custody. 4. As a result of international cooperation with Interpol and UK Police Authorities, two counts of sexually exploiting a minor contrary to Section 3 Criminal Law (Human Trafficking) Act 2008 were subsequently preferred against the suspect, an Irish male, in addition to 117 charges. The accused pleaded guilty to all charges. He was sentenced to 4 years imprisonment to run concurrently on each of two charges for possession of child pornography. The accused stands remanded in custody until 2013 on the remaining 115 charges, 2 of which are under the Criminal Law Human Trafficking Act 2008. 5. The accused, an Irish male, was charged with possession of child pornography contrary to the Child Trafficking and Pornography Act 1998. The accused pleaded guilty and was subsequently sentenced to 2 ½ years imprisonment and placed on the sex offenders register. There was no victim identified during this investigation. 6. An Garda Síochána investigated allegations of the prostitution of a Nigerian female. The accused, also a female Nigerian national, was charged with 1 count of trafficking of an illegal immigrant and a further 6 counts of controlling prostitution/brothel keeping contrary to the Illegal Immigrants (Trafficking) Act, 2000 and the Criminal Law Sexual Offences Act of 1993. The alleged crimes in this case all occurred prior to the enactment of the Criminal Law (Human Trafficking) Act 2008. The accused was convicted and sentenced to 3 years imprisonment for the prostitution offences. 30
Table 4.3: Convictions Case Act Charges Accused Sentence 1 Criminal Law (Rape) (Amendment) Act 1990 Child Trafficking and Pornography Act 1998 2 Criminal Law (Human Trafficking) Act, 2008. Non Fatal Against Persons Act 1997. Common Law 3 Criminal Law (Human Trafficking) Act, 2008. Criminal Law (Sexual Offence) Act 1993. 4 Criminal Law (Human Trafficking) Act, 2008 5 Child Trafficking and Pornography Act 1998. 6 Illegal Immigrant (Trafficking) Act, 2000 Criminal Law (Sexual Offences) Act 1993. Sexual assault and sexual Irish female of a minor as well as child pornography Restrict the freedom of a female minor for sexual, assault and the attempted false imprisonment of the minor. Irish male 3 years imprisonment 12 years imprisonment Sexual of a minor. Irish male 4 years imprisonment. Sexual of a minor. Irish male 4 years imprisonment to run concurrently on each of two charges of child pornography. Sentencing outstanding on other charges including 2 under the 2008 Act. Possession of Child Pornography. Smuggling of a female minor illegal immigrant and controlling/directing prostitution. Irish Male 2½ years imprisonment. Nigerian female 3 years imprisonment for the prostitution offences. 31
4.4 International cooperation Ireland cooperated in a number of international investigations relating to human trafficking during 2012. In 2011, as a result of the investigation, during which evidence was transferred by An Garda Síochána to the PSNI on foot of a Mutual Assistance Request, a Hungarian male was charged in Northern Ireland with human trafficking and organising prostitution. A Hungarian national was rescued in Belfast. In 2012, the accused was convicted of human trafficking and received a 3 year sentence consisting of 18 months imprisonment followed by 18 months suspended. Following a request for assistance in May 2011 from the Police Liaison Officer at the Embassy of Romania in the Republic of Ireland, An Garda Síochána initiated an investigation into the suspected trafficking of a Romanian national for the purposes of labour. The investigation resulted in the rescue of a Romanian female from a situation of domestic servitude. Two Romanian nationals were subsequently arrested for human trafficking for labour. A file was prepared and sent for directions to the DPP in December 2012. In 2011 An Garda Síochána received information from the authorities in the Czech Republic that a Czech female had been trafficked into Ireland for the purposes of sexual involving prostitution. Following enquiries the person in question was rescued by members of An Garda Síochána. The woman declined at the time to make any formal complaint and returned home with the assistance of the Irish authorities. Following liaison between the Irish Authorities and their counterparts in the Czech Republic, evidence was provided to An Garda Síochána by means of a Mutual Assistance Request. In December 2012, 2 Slovakian Nationals were arrested for human trafficking for sexual. The arrest of additional suspects is expected in the near future. In 2012 the National Bureau of Criminal Investigation (NBCI) of An Garda Síochána initiated a human trafficking investigation into a Polish Organised Crime Group. Three suspected victims of human trafficking were rescued. An Garda Síochána is working closely with the Polish authorities in order to secure the arrests of several suspects. 32
4.5 European Arrest Warrants In 2012, 2 applications for European Arrest Warrants relating to trafficking in human beings were received. One warrant was issued by Lithuania in relation to a Lithuanian national. The other warrant was issued by France in relation to a Nigerian national. In both cases the persons were arrested and the cases adjourned until 2013. Table 4.5: European Arrest Warrants Applicant country Nationality of person sought Outcome Lithuania Lithuanian Arrested France Nigerian Arrested 33
Appendix 1 Breakdown by age of persons reported to An Garda Síochána in 2012 Table Appendix 1a: Gender 43 Adults Minors Number % Number % 25 100 23 100 Sexual Labour Uncategorised Sexual Labour Uncategorised N % N % N % N % N % N % Gender Female 16 64 4 16 1 4 10 44 0 0 0 0 Male 0 0 2 8 2 8 13 57 0 0 0 0 Total 16 64 6 24 3 12 23 100 0 0 0 0 43 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 34
Table Appendix 1b: Region of origin 44 Adults Minors Number % Number % 25 100 23 100 Region Sexual Labour Uncategorised Sexual Labour Uncategorised N % N % N % N % N % N % EU 45 10 40 0 0 0 0 0 0 0 0 0 0 Europe Non-EU 0 0 0 0 3 12 0 0 0 0 0 0 Ireland 0 0 0 0 0 0 19 83 0 0 0 0 Western Africa Southern Africa Southern Asia South East Asia Latin America 3 12 1 4 0 0 4 17 0 0 0 0 1 4 1 4 0 0 0 0 0 0 0 0 0 0 1 4 0 0 0 0 0 0 0 0 0 0 3 12 0 0 0 0 0 0 0 0 2 8 0 0 0 0 0 0 0 0 0 0 Total 16 64 6 24 3 12 23 100 0 0 0 0 44 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 45 Excluding Ireland. 35
Table Appendix 1c: Immigration status 46 Adults Minors Region Sexual Number % Number % 25 100 23 100 Labour Uncategorised Sexual Labour Uncategorised N % N % N % N % N % N % Asylum Seeker 5 20 1 4 0 0 2 9 0 0 0 0 EU Citizen 47 9 36 0 0 0 0 0 0 0 0 0 0 Permission under consideration 2 8 2 8 0 0 0 0 0 0 0 0 Not present in the State 0 0 0 0 3 12 0 0 0 0 0 0 Irish Citizen 0 0 0 0 0 0 19 83 0 0 0 0 International treaty rights 0 0 3 12 0 0 0 0 0 0 0 0 HSE Care 0 0 0 0 0 0 2 9 0 0 0 0 Total 16 64 6 24 3 12 23 100 0 0 0 0 46 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 47 Excluding Ireland. 36
Appendix 2 Breakdown by reporting organisations of persons encountered or referred to NGOs in 2012 Table Appendix 2a: Gender (Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined.) Male Female Number % Number % 2 7 26 93 Sexual Labour Labour and Sexual Labour and Sexual Sexual Labour Number % Number % Number % Number % Number % Number % Reporting organisation Ruhama 0 0 0 0 0 0 17 63 0 0 1 4 MRCI 0 0 2 100 0 0 0 0 5 19 0 0 IOM 0 0 0 0 0 0 0 0 1 4 0 0 Doras Luimni 0 0 0 0 0 0 2 8 0 0 0 0 Total 0 0 2 100 0 0 19 69 6 27 1 4 37
Table Appendix 2b: Age (Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined.) Adults Minors Number % Number % 27 96 1 4 Sexual Labour Labour and Sexual Labour and Sexual Sexual Labour Number % Number % Number % Number % Number % Number % Reporting organisation Ruhama 17 63 0 0 0 0 0 0 0 0 1 100 MRCI 0 0 7 26 0 0 0 0 0 0 0 0 IOM 0 0 1 4 0 0 0 0 0 0 0 0 Doras Luimni 2 7 0 0 0 0 0 0 0 0 0 0 Total 19 70 8 30 0 0 0 0 0 0 1 100 38
Table Appendix 2c: Region of origin 48 Ruhama Region of Origin Number % 28 100 Sexual Labour Labour and Sexual Number % Number % Number % Western Africa 8 29 0 0 0 0 EU 49 5 18 0 0 0 0 Eastern Africa 2 7 0 0 0 0 Southern Asia 0 0 0 0 1 4 Latin America 1 4 0 0 0 0 Central Africa 1 4 0 0 0 0 Doras Luimni EU 50 1 4 0 0 0 0 Latin America 1 4 0 0 0 0 MRCI Western Africa South East Asia EU Southern Asia IOM Southern Africa 0 0 1 4 0 0 0 0 3 11 0 0 0 0 1 4 0 0 0 0 2 7 0 0 0 0 1 4 0 0 Total 19 68 8 29 1 4 48 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 49 Excluding Ireland. 50 Excluding Ireland. 39
Table Appendix 2d: Immigration status 51 Immigration status Number % 28 100 Sexual Labour Labour and sexual Number % Number % Number % Ruhama Asylum seeker 9 32 0 0 1 4 EU Citizen 5 18 0 0 0 0 Student visa 1 4 0 0 0 0 Refugee Status 1 4 0 0 0 0 Don't know 1 4 0 0 0 0 IOM Don't know 0 0 1 4 0 0 MRCI Returned home 0 0 1 4 0 0 EU Citizen 0 0 1 4 0 0 Immigration status under 0 0 3 11 0 0 consideration Don't know 0 0 2 7 0 0 Doras Luimni Asylum seeker 1 4 0 0 0 0 EU Citizen 1 4 0 0 0 0 Total 19 68 8 29 1 4 51 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 40
Appendix 3 Breakdown by type of of status of investigations Please note that this table refers to investigations and not individual alleged victims. For information on individual alleged victims refer to Section 2 of the report. Table Appendix 3a: Investigations status 52 Sexual Labour Uncategorised Totals for investigations N % N % N % N % Investigation status Ongoing investigation 14 45 3 75 0 0 17 46 Before the Courts 11 36 0 0 0 0 11 29 Completed investigation (No/insufficient evidence of THB) Case closed (declined to make a statement) Completed investigation (files sent to the DPP) Ongoing investigation (other offences) Conviction 2 7 1 25 1 50 4 11 2 7 0 0 0 0 2 5 1 3 0 0 0 0 1 3 0 0 0 0 1 50 1 3 1 3 0 0 0 0 1 3 Total 31 100 4 100 2 100 37 100 52 Please note that percentages have been rounded to the nearest decimal place and may not always amount to 100% when combined. 41